O.M. No. 22011/7/86-Estt.(D) Dated 03.07.1986 - PDF document

Dated 7.2.1986 O.M. No. 22011/7/86-Estt.(D) Dated 03.07.1986 O.M. No. 20011/5/90-Estt (D) Dated 4.11.1992 and O.M. No. 20011/1/2006-Estt.(D) Dated 03.03.2008 1. These principles shall appl June 2000 should be strictly followed in operating or requesting for nominations from the reserve panel. 2.1.2 Clarification In case if more than one-selection panels received from DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 various feeder grades. Separate instructions have been issued in this connection with regard to framing of recruitment rules in such a situation. Whereas specific criteria need to be issued/incorporated in the Recruitment Rules by the cadre controlling authorities for preparation of combined eligibility list of the candidates from various feeder grades/ broad parameters as under may be kept in view while Date of completion of the qualifying service prescribed in the relevant recruitment rules, in the feeder grade for promotion.If the aforesaid date is same than date of completion of the qualifying service in the feeder-to-feeder grade.Inter se seniority of the officers from each feeder grade will be maintained. 2.3 Seniority of SC/ST Government servants on their promotion by virtue of rule of reservation roster O.M. No.20011/1/2001-Estt. (D) Dated 21st January 2002 SC/ST Government servants on their promotion by virtue of rule of reservation roster will be entitled to consequential seniority also. In other words, the candidates belonging to general/OBC category promoted through a later DPC will be placed junior to the SC/ST Government servants promoted through earlier DPC, even Clarification on reservation In case of promotion, vacancies meant and reserved for SC/ST are determined through the roster points in the reservation roster. It is clarified that the said reservation roster/points are meant only for identifying the vacancy that goes ficer and in no way acts as a determinant for fixation of seniority of the officer in a panel recommended by the DPC. According to this Department’s O.M. No. 35014/7/97-Estt.(D) Dated 8 February 2002 , the DPC is to grade an officer as ‘fit’ or ‘unfit and the feeder grade seniority of the officers assessed as fit would be maintained in the promoted grade. DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 RELATIVE SENIORITY OF DIRECT RECRUITS AND PROMOTEES O.M. No. 35014/2/90-Estt(D) Dated.07.02.1986 O.M. No. 22011/7/86-Estt.(D) Dated 03.07.1986 2.4 The relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between available direct recruits and promotees which shall be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules. 2.4.1 If adequate number of direct recruits does not become available in any particular year, rotation of quotas for the purpose of determining seniority would take place only to the extent of the available direct recruits and the promotees. In other words, to the extent direct recruits are not available the promotees will be bunched together at the bottom of the seniority list below the last position upto which it is possible to determine seniority, on the basis of rotation of quotas with reference to the actual number of direct recruits who become available. The unfilled direct recruitment quota vacancies would, however, be carried forward and added to the corresponding direct recruitment vacancies of the next year (and to subsequent years where necessary) for taking action for direct recruitment for the total number of vacancies for direct recruits and promotees as determined according to the quota for that year . The additional, direct recruits selected against the carried forward vacancies of the previous year would be placed en-bloc below the last promotee (or direct recruit as the case may be), in the seniority list based on the rotation of vacancies for that year. The principle holds good for determining seniority in the event of carry forward, if any, of direct recruitment or promotion quota vacancies (as the case may be) in the subsequent year. Clarification of the term “availability” O.M. No.20011/1/2006-Estt.(D) Dated 03.03.2008 2.4.2. Some references have been received seeking clarifications regarding the term ‘available’ used the O.M. dated 7.2.86 and 3.7.1986. It is clarified that while the inter-se seniority of direct recruits and promotees is to be fixed on the basis of the rotation of quotas of vacancies, the year of availability, both in the case of direct recruits as well as the promotees, for the purpose of rotation and fixation of seniority, shall be the actual year of appointment after declaration of results/selection and completion of pre-appointment formalities as prescribed. It is further clarified that when appointments against unfilled vacancies are made in subsequent year or years either by direct recruitment or promotion, the persons so appointed shall not get seniority of any earlier year (viz. year of vacancy/panel or year in which recruitment process is initiated) but get the seniority of the year in which they are appointed on substantive basis. The year of availability will be the vacancy year in which a candidate of the particular batch of selected direct recruits of promotees joins the post/service. DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 2.4.4. A new roster will have to be started in the following cases: From the date the recruitment rules are notified in the gazette. When there is an amendment to the Recruitment Rules which changes the percentage allotted for the various modes of recruitment. 3. SENIORITY OF ABSORBEES MHA O.M.No.9/11/55-RPS Dated 22.12.1959 O.M. No. 20020/7/80-Estt(D) Dated 29.05.1986 O.M. No. 20011/1/2000-Estt(D) Dated 27.03.2001 NOTE: The method of recruitment ‘Transfer’ has been re-named as `Absorption’ and Transfer on Deputation’ as ‘Deputation’ vide DOP&T’s 3.1 The relative seniority of persons appointed by absorption to a Central service from the Subordinate Offices of the Central Government or other departments of the Central or a State Government shall be determined in accordance with the order of thei3.2. Where such absorptions are effected against specific quotas prescribed in the Recruitment Rules, the relative seniority of such absorbees vis-à-vis direct recruits or promotees, subject of the provision of para 3.4 below, shall be determined by rotation of vacancies amongst the available direct recruits, promotees and absorbees which shall be based on the quotas reserved for direct recruitment, promotion and absorption respectively in the Recruitment Rules. Where the vacancies in any quota or quotas are carried forward, the principles stated in Para 2.4.1 will apply, mutatis mutandis in determining inter-se seniority of the The principle laid down in para 3.1 above will not present any difficulty where recruitment by absorption is made singly and at intervals but it will be found wanting in cases where two or more persons are selected from different sources on the same occasion and the selection is spread over a number of days. It will, therefore, be necessary for the authorities responsible for approving appointments by absorption to indicate the interse order of merit of the selected persons in such DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 3.5 Seniority of persons who are transferred and absorbed directly without being on deputation. Some cases has been received in this department seeking clarification whether the (DOP&T) O.M.No.20020/7/80-Estt. (D) Dated 29.5.1986 and March, 2001 ] in the case of a person who is initially taken on deputation and absorbed later, would be applicable also for persons who are transferred and absorbed directly without being on deputation i.e. where the recruitment rules provide for recruitment through absorption. The matter has been considered and it has been decided that, in such cases also the provision as contained in the afore-said O.Ms would be applicable i.e. the date he has been holding the post on deputation or the date from which he has been appointed on the regular basis to the same or equivalent grade in his parent department, whichever is 4. SENIORITY IN SPECIAL TYPES OF CASES O.M. No. 22011/7/86-Estt.(D) Dated 03.07.1986 4.1. In the case of such ex-T.B. or ex-Pleurisy ex-Leprosy patients, as have been declared non-infective and medically fit for Government service, on re-employment in the same posts from which they were discharged the actual previous service rendered by them should be counted for seniority. The seniority of such persons re-employed in other posts will be fixed in consultation with the Department of Pers. & Trg. 4.2.1 Seniority of an officer under suspension and of officers against whom enquiries are pending. O.M. No. 22011/4/91-Estt. (A) Dated 14.09.1992 An officer under suspension who on conclusion of the departmental proceeding against him/her, is completely exonerated, the suspension being held to be wholly unjustified, should be promoted in the first vacancy that could be made s/her seniority in the next higher grade fixed as if he/she had been promoted in accordance with his/her position in the select list. In such a case, the period during which any officer junior to the suspended officer concerned was promoted to the higher grade should be reckoned towards the minimum period of service prescribed for purpose of eligibility for promotion to DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 4.3.2 When two or more surplus employees of a particular grade in an office are selected on different dates for absorption in a grade in another office, their inter-se seniority in the latter office will be same as in their previous office provided that – (i) no direct recruit has been selected for appointment to that grade in between (ii) if there are no fixed quotas for direct recruitment and promotion to the grade in question in the new office no promotee has been approved for appointment to that grade 4.3.3 When two or more surplus employees of a particular grade in an office are simultaneously selected for re-deployment in another office in a grade, their inter-se seniority in the particular grade, on redeployment in the latter office, would be the same as it was in their previous office. 4.3.4 The above orders would not be applicable in respect of personnel who are appointed on the recommendations of the UPSC to posts/services recruitment to which is made through the Commission. Seniority of surplus officers appointed on the recommendations of the Commission will be decided on merits in consultation 4.4 Seniority in cases of delay in O.M. No. 9/23/71-Estt.(D) Dated 6.6.1978 O.M. No. 35015/2/93-Estt.(D) Dated 9.8.1995. An offer of appointment issued by different Ministries/Departments should clearly specify the period (which shall not normally exceed one or two e automatically if the candidate did not join within the specified period. If, however, within the specified period, a request is received from the candidate for extension of time, it may be considered by the Ministries/Departments but extension beyond three months should not be granted and it may be granted only as an exception where facts and circumstances so warrant and in any case only up to a maximum of six months from the date of issue of the original offer of appointment. An offer on appointment would lapse automatically after the expiry of six months from the date of issue of the original offer of appointment. The candidates who join within the above period of six months will have their seniority fixed under the seniority rules applicable to the service/post concerned to If, even after the extension(s), if any, granted by the Ministries/Departments, a candidates does not within the stipulated time DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Where the Recruitments Rules prescribed specific quotas for each of the categories, on the basis of rotation of vacancies based on the said In the case of officers referred to in previous para., their confirmation and promotion to Higher posts would take place with reference to the seniority so These instructions would apply subject to any special provisions that may be applicable to particular services/posts in terms of the Recruitment Rules 4.6 Fixation of seniority of a person who has been transferred to a lower post under FR-15A When the Government employee is transferred to a lower post on his own request under FR 15(a)(2), it neither, identifies itself as a case of penal action on the employee nor as a case of transfer to a lower post in public interest. As the person already stood promoted to the next higher grade, in case of his/her reoccupying the lower post at the top of the seniority (original position), would affect adversely not only the existing officers in the grade, but would apparently nullify the very purpose of his /her transfer to the lower post. As such an officer seeking transfer to a lower post under FR-15, at his own request, would be placed below all officers appointed regularly to the lower grade on the date of transfer. 4.7 Seniority of meritorious sportsmen appointed in relaxation of recruitment rules O.M. No. 14015/1/76-Est. (D) Dated 4.8.1980. Where sportsmen are recruited through the Employment Exchange or by direct advertisement and are considered along with other general category candidates, they may be assigned seniority in the order in which they are placed in e recruitment to a post is ction made by the Staff Selection Commission, whether by a competitive examination or otherwise, the sportsmen recruited by the department themselves should be placed en bloc junior to those who have already been recommended by the Staff Selection Commission. The inter se-seniority of sportsmen will be in the order of selection. 4.8 Seniority of persons appointed on compassionate ground DOP&T’s O.M. No.14014/6/94-Estt.(D) dated the 9 October, 1998 provides for the Scheme for Compassionate Appointment in Central Government. Para 15 of the said Scheme provide that: DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 4.10 Fixation of seniority of Civil Government servants who are permitted to take up military service during emergency and of Civil Government servants who are members of Defence Reserves/Territorial Army/Auxiliary Air Force and are called up for military service during emergency O.M. No.22011/7/86-Estt.(D) Dated 03.07.1986 In the case of all such Civil Government servants, the period spent in military service/training will be counted towards seniority in their Civil posts. If such a Government servants is promoted to a higher post in his parent Department/office during his absence on military service, his military service, from the date of such promotion will count for seniority in the higher post. 4.11 Fixation of seniority of Released Emergency Commissioned officer and Short-Service Commissioned officers of the Armed forces of the Union appointed against vacancies reserved for them in Central Civil Services and posts, Group ‘A’ and Group ‘B’ (other than Engineering and Medical Services and posts). O.M. No.22011/7/86-Estt.(D) Dated 03.07.1986 Seniority of such officers shall be determined on the assumption that they entered the Service or the post, as the case may be, as thity they had after joining the training prior to their Commission where there was only post Commission training that is- In the case of services or posts recruitments to which is made on the results of a competitive examination conducted by the Commission, the released Emergency Commissioned Officer or Short Services Commissioned Officers who complete successfully at the first or second available opportunity would be deemed to have passed the examination at the first or second occasion he could have appeared at the relevant examination had he not joined military service and shall be assigned the year of allotment In the case of services or posts recruitment to which is made otherwise than through a competitive examination conducted by the Commission, seniority shall be fixed on the assumption that the Emergency Commissioned Officers would have been appointed on the date arrived at after giving credit for the approved military services as Emergency Commissioned Officers or Short Service Commissioned Officers, as the case may be, including the period of training, if any and shall be deemed DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 4. In case where the released Emergency Commissioned Officers or Short itially on a temporary basis and given the same year of allotment are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, seniority shall follow the order of confirmation and not the original order of merit. DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 GENERAL PRINCIPLES FOR DETERMINATION OF SENIORITY IN THE CENTRAL SERVICES. (I) These principle shall apply to the determination of seniority in Central Services and Civil posts except such services and posts for which separate principles have already been issued for may be issued hereafter by Government. Ministries or Departments which have made separate rules or issued instructions on the basis of instructions contained in the Ministry of Home Affairs, OM No.30/44/48 – Apptts. Dated the 22 June, 1949, are requested to consider modification of those rules or instructions on the basis of those general principles. However, whenever it is considered necessary to follow principles different from those laid down in t his Memorandum, a specific reference should be made to the Ministry of Home Affairs will consult the UPSC. As regards individual cases, the Ministry of Home Affairs. Will decide the cases on which the advice of the Commissi (II) Not withstanding anything contained in these General Principles, the seniority of persons belonging to the following categories will, on their appointment to a Control Civil Services, or a Civil posts, continue to be determined by the instructions noted against each such category:- (a) Ex- Government servants penalized for their patriotic activities. MHA OM No. 6/4/52- S&NG (b) Central Government employees discharged on account of afflication with T.B., Pleurisy OM No.37/1/52-DGS, dated extended to ex-Pleurisy/ Leprosy patients vide OM (c) Permanent displaced Government servants nominated by the Transfer Bureau to purely temporary Organizations, who consequent on their retrenchment, were absorbed in OM No. 30/44/48- Apptts. DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 6. Relative seniority of Direct Recruits and Promotees. The relative seniority of direct recruits and of Promotees shall be determined according to the rotation of vacancies between direct recruits and Promotees which shall be based on the quotas of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules. 7. Transferees:- (i) The relative seniority of persons appointed by transfer to a Central Service from the subordinate office of the Central Government of other Departments, of the Central of state Governments shall be determined in accordance with the order of their selection for such transfer. (ii) Where such transfers are effected against specific quotas prescribed in the recruitment ruled therefore, the reality seniority of such transferees vis-a-vis direct recruits and promotee shall be determined according to the rotation of vacancies which shall be based on the quotas reserved for transfer, direct recruitment and promotion respectively in the recruitment rules. (iii) Where a person is appointed by transfer in accordance with a provision in the recruitment rules providing for such transfer in the event of non-availability of a suitable candidate by direct recruitment or promotees, as the case may be, for the purpose of para 6 above. He shall be ranked below all direct recruits or promotees, as the case may be, selected on the same occasion. 8. Persons appointed on adhoc basis to a grade without consultation with the xemption from consultation) Regulation, 1958, are to be replaced by persons approved for regular appointment by direct recruitment, promotion or transfer, as the case may be. Until they are replaced, such persons will be shown in the order of their adhoc appointments and below all EXPLANATORY MEMORANDUM General Principle 4: The Union Public Service Commission Invariably indicate the order of preference at the time of selection and it will not, therefore, be difficult to determine the relative seniority of persons recruited through the Commission. In order to obviate difficulties in determining the relative seniority of direct recruits recruited otherwise than through the U.indicate the order of merit at the time of selection. DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS Subject: Preservation of inter-se deployed on different occasions but in the same office. The undersigned is directed to refer to the Scheme of redeployment of surplus staff forwarded with this Ministry’s Office Memorandum No.3/27/65-CS(II), dated the 25 February, 1966 and to say that no benefit of past service is given at present to the surplus staff redeployed under the above scheme, for purpose of fixation of seniority in the grade in which they are redeployed in the recipient nisations is determined in accordance with the general instructions contained in this Ministry’s Office Memorandum December 1959, i.e. with reference to the date of their selection for redeployment in the recipient organisations. Therefore, the order of inter-se seniority of two or more persons as it existed in the office in which they were declared surplus, may not be maintained if they are selected for deployment in se seniority, as it stood in their former office, should be maintained in their new office has been under consideration in this Ministry for some time past. It has now been decided that when two or more such surplus persons of an office are selected on different dates for absorption in a grade in another office, their inter se as it existed in the office in which they worked before being rendered surplus, should be maintained in the grade in which they are absorbed in the new no direct recruit has been selected for appointment to that grade in between these dates; and if there are no fixed quotas for direct recruitment and promotion to the grade in question in the new office and no promotee has been approved for appointment to that grade in between these dates. It has also been decided that when two or more surplus employees of a particular grade in an office, are simultaneously selected for redeployment in another office in a grade, their inter se seniority in the particular grade, on redeployment in the latter office, should be the same as it was in their previous office. DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training New Delhi, dated the 6OFFICE MEMORANDUM Subject: Candidates recommended by the UPSC for appointment to Central appointment after their cancellation – determination of seniority. The undersigned is directed to refer to the general principles of seniority contained in Ministry of Home Affairs’ O.M.No.9/11/55-RPS dated 22 December, 1959 and to say that relative seniority of direct recruits appointed on the recommendations of the UPSC or any other authority is determined by the order of merit in which they are selected for such appointment, the persons appointed as result of an earlier selection being placed above those appointed as result of the subsequent selection. It has come to the notice of the Government that in certain cases, the candidates recommended by them for appointment take long time to join and there have also been cases where offers of appointment were revived by Departments after they had been cancelled and in spite of the long delay in joining the candidates were allowed the benefit of seniority on the basis of their initial selection. The question whether in such cases it would not be desirable to depress the seniority of the candidates who are appointed on the result of the selections by interviews/examination was considered by the Government in consultation with the UPSC and it has been decided that the following procedure may be adopted now. This procedure will be applicable both in case of (a) selection through interview and (b) examinations. In the offers of appointment issued by different Ministries/Departments, it should be clearly indicated that the offer would lapse if the canot join within a specified period not exceeding two or three months. If, however, within the period stipulated, a request is received from the on of time, if may be considered by the Ministries/Departments and if they are satisfied, an extension for a limited period may be granted but the total period granted including the extension during which the offer of appointment will be kept open, should not exceed a period of nine months. The candidates who join within the above period of nine months will have their seniapplicable to the service/post concerned to which they are appointed, DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 No.28011/6/76-Estt.(D) Government of India Ministry of Home Affairs onnel & Adm. Reforms OFFICE MEMORANDUM Subject: Starting point in the recruitment The undersigned is directed to say that from the reference received in the Department and the representations made by the affected individuals, it has been noticed that there is no uniform practice in regard to the starting point in the recruitment roster when recruitment is made by more than one method, namely, direct recruitment/promotion/ The following are the among the diverse methods being adopted by various departments in regard to the the mode of recruitment for which action has been initiated first; (b) the mode of recruitment through which first appointment was made after the notification of the recruitment rules; (c) the mode of recruitment mentioned first in the recruitment rules for the post concerned. the mode of recruitment which is the most predominant. In some other cases, the roster has been maintained according to the illustration given in “General principle (6)” in the annexure to M.H.A.O.M.No.9/11/55-RPS dated 22.12.1959. 2. This question has been examined in detail by this Department in consultation with the UPSC and it has now been decided that the starting point in the roster should be that mode of recruitment prescribed in the Recruitment Rules for which the selection process had been completed first. For this purpose, the date of completion of the selection process will be determined as follows: DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Government of India/Bharat Sarkar Ministry of Home Affairs/Grih Mantralaya Department of Personnel and Administrative Reforms (Karmik Aur Prashasnik Sudhar Vibhag). OFFICE MEMORANDUM Subject: - Prematurely Retired and re-employed Officers whether they should be eligible for promotion and confirmation after re-employment. Ministries/Departments are aware that persons who are in military service retire from service much earlier than persons employed in civil posts. Thus the persons who are employed in military posts render shorter span of service. Government have introduced various schemes for suitable re-employment of these officers. In civil posts two methods of re-employment are possible. The first category comprises of those who had retired after the date of normal superannuation under Civil Rules viz. 58 years-age. The other category comprises of persons who retire at an earlier age from the military service, or are discharged on compensation/invalid pension or otherwise retire from Civil service prior to the attainment of the age of superannuation under civil rules. On re-employment, the latter continue to work ag till the normal date of superannuation 2. A question has been raised whether thpromoted or confirmed after their re-employment. The answer to the above question would depend on whether the re-employed officers find a place in the seniority list, since the confirmation or promotion of any officer will depend on his position in the seniority list and his suitability. The manner in which the seniority of the re-employed officers has to be determined, has not been laid down in any of the instructions issued so far. The matter has however, been examined and it has now been decided that for the purpose of determination of seniority of reemployed 3. The question of determination of seniority of re-employed officers should arise only in cases where the officers are re-employed before they attain the age of normal superannuation i.e. 58 years of age. Officers who are re-employed after obtaining the age of 58 years would not from part of the cadre at all and would be treated like contractual appointees. Consequently, they can neither be confirmed in the civil post in which they are re-employed nor promoted to the higher post. They may, if the recruitment rules permit, and in exigencies of public service, be DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Government of India/Bharat Sarkar Ministry of Home Affairs/Grih Mantralaya Department of Personnel & Administrative Reforms (Karmik Aur Prashasanik Sudhar Vibhag) Sub: Appointment of meritorious sportsmen to Group ‘C’ and ‘D’ posts in relaxation of the procedure. General Scheme Under this Department’s O.M. No. 14/1/72-Estt.(D) dated 28.12.72 orders were issued that the Secretary of the Ministry/Department or the Head of Department under it may recruit a meritorious sportsmen to a Class III or Class IV service/post (now Group C&D) in the Ministry/Department/Establishment, as the case may be, direct recruitment to which is made otherwise than through a competitive examination held by the Union Public Service Commission, subject to the provisions contained in that O.M. with the coming into being on the Staff Selection Commission, recruitment to group ‘C’ posts have generally to be made through the Staff Selection Commission. The entire policy of recruitment of sportsmen in various Departments/Offices has since been examined and the following orders are issued for providing for relaxation of recruitment rules to the extent mentioned below: Appointments under these orders can be made of a sportsmen considered meritorious with reference to the following criteria: Sportsmen who have represented a State or the country in the National or International competition in any of the games/sports mentioned in Sportsmen who have represented their University in the Inter-University Tournaments conducted by the Inter-University Sports Boards in any of the sports/game Sportsmen who have represented the State Schools Teams in the National Sports/games for schools conducted by the All India School Games Federation in any of the games/sports shown in the list of Sportsmen who have been awarded National Awards in Physical DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 already been recommended by SSC. The Inter-se-seniority of sportsmen will be in the order of selection. An application received by the appointing authority or a higher authority from a sportsmen belonging to any of the categories mentioned above, may be considered by the Ministries/Departments or the Head of the Department, as the case may be, in light of the evidence which the applicant may furnish of his having represented in any of the competitions mentioned in the previous paragraphs, and subject also to the applicant fulfilling the requisite qualifications relating to education, age etc., as may be laid down in the rules for the post/service for which he is a candidate. Normally certificates awarded should alone be taken into account while considering the eligibility of an applicant in terms of above paragraphs. Appointments may be made of such a candidate after the Ministries/Departments or Head of the Department, as the case may be, is satisfied about the eligibility of the candidates under these orders as well as his suitability for the post in all respects. Where the appointing authority is subordinate to a Head of Department, such authority may make a recommendation in this regard to the Head of the Department, alongwith the necessary details, for obtaining appointment of the candidate. The orders contained in those O.M. will not affect the orders relating to reservation for SC/ST and Ex-servicemen which may be inforce from time to time. In other words, the vacancies filled in accordance with these orders in a year shall be taken into account in calculating the total number of vacancies in the service/post during that year for purpose of applying the 6. These orders apply to all Ministries and Departments of Government of India including the Ministry of Railways and Communications (P&T) and any existing Scheme if any of the Ministries/Departments shall, from the date of issue of these orders, be subject to the conditions and restrictions herein specified, except to the extent of such modifications as may be accepted by Government in view of special circumstances prevailing therein. 7. A consolidated annual statement showing the number of sportsmen of the year may be sent to the Welfare Division of the Department of Personnel by each Ministry/Department in the proforma given in Annexure ‘C’ by the 31 March, of the following year. 8. Provisions contained in this O.M. supersede all instructions issued from time to time in the past, on the subject. (J.K. SARMA) Director DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Government of India/Bharat Sarkar Ministry of Home Affairs/Grih Mantralaya Department of Personnel & Administrative Reforms (Karmik Aur Prashasanik Sudhar Vibhag) Sub: Criteria for determining analogous posts. Whenever the recruitment rules for a post prescribe ‘transfer on deputation/transfer’ as a method of filling up the post, it generally contains an entry in column 12 of the standard form of schedule stating inter-alia that the transfer on deputation/transfer shall be made from the officers holding analogous posts under the Central/State Governments. This Department has been receiving references from various Ministries/Departments asking for the definition of the words ‘analogous posts’. It has, therefore, been considered appropriate to lay down the following criteria for determining whether the posts in question could be treated as analogous to each other or not in so far as posts under the Central Government are concerned:- Though the scales of pay of the two posts which are being compared may not be identical, they should be such as to be an extension of or a segment of each other, e.g. for a post carrying the pay scale of Rs.1200-1600, persons holding posts in the pay scale of Rs.1100-1600 will be eligible and for a post in the scale of Rs.1500-2000, persons working in posts carrying pay scale of Rs.1500-1800 and Both the posts should be falling in the same Group of posts as defined in the Department of Personnel and Administrative Reforms The levels of the responsibility and the duties of the two posts should also be comparable. (a) Where specific qualifications for transfer on deputation/ transfer have not been prescribed, the qualifications and experience of the officers to be selected should be comparable to those prescribed for direct recruits to the post where direct recruitment has also been prescribed as one of the methods of appointment in the recruitment rules. (b) Where promotion is the method of filling up such posts, only those persons from other Departments may be brought on DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Government of India/Bharat Sarkar ng, Administrative Reforms and Public Grievances and Pension (Department of Personnel & Training/Karmik Aur Prashikshan Vibhag) Sub: General Principles of Seniority - Preparation of a Combined Select List of promotees where quotas have been laid down for the various posts in the As the Ministries/Departments of the Government of India are aware, the general principles of seniority for civil services/posts have been laid down in the MHA O.M. No. 9/11/65-RPS dated 22.12.59. According to principle 5(ii), where promotions to a grade are made from more than one grade and quotas have been laid down for each feeder grade, the eligible persons are to be arranged in separate lists in the order of their relative seniority in their respective grades. Thereafter, the Departmental Promotion Committee is to select persons for promotion from each list upto the prescribed quotas and arrange all the candidates selected from different lists in a consolidated order of merit which will determine the seniority of the persons on promotion to the higher grade. The ‘NOTE’ given below that principle gives a direction to the Ministries/Departments to the effect that if quotas for promotion have not already been prescribed in the relevant recruitment rules, they may do so, in consultation with the UPSC where necessary. Despite this clear direction, it has come to the notice of this Department that in a large number of cases separate quotas for the feeder grades have not been prescribed with the result that difficulties arise in the preparation of a panel of promotees. It is, therefore, necessary to initiate action to review the existing recruitment rules with a view to ity laying down quotas for the feeder grades, in consultation with this Department a2. References have been received in this Department seeking guidance in the matter of preparation of a consolidated order of merit where quotas for the feeder grades have been laid down in the recruitment rules . The matter has been examined in this Department in consultation with the Union Public Service Commission and it has been decided that where the posts in the feeder grade are in different scales of pay or even in the identical or equivalent scales of pay, the officers upto the number of vacancies for each feeder grade as per the quota may be selected and interpolated in a combined select list according to the grading. The persons who are assigned the same grading by the DPC should be arranged in the consolidated order of merit with reference to the date arrived at after adding the requisite number of years of qualifying services in the feeder grade to their date of appointment i.e. with reference to the date from which they became eligible for promotion after rendering DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Government of India lic Grievances and Pension (Karmik, Lok Shikayat Tatha Pensions Mantralaya) (Department of Personnel & Training Sub: General Principles for determing the seniority of various categories of persons employed in Central Services. As the Ministry of Finance etc. are aware, the General Principles for determination of seniority in the Central Services are contained in the Annexure to Ministry of Home Affairs O.M. No. 9/11/55-RPS dated 22 December 1959. According to Paragraph-6 of the said Annexure, the relative seniority of direct recruits and promotees shall be determined according to rotation of vacancies between the direct recruits and the promotees, which will be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules. In the Explanatory Memorandum to these Principles, it has been stated that a roster is required to be maintained based on the reservation of vacancies for direct recruitment and promotion in the Recruitment Rules. Thus where appointment to a grade is to be made 50% by direct recruitment and 50% by promotion from a lower grade, the inter-se-secruits and promotees is determined on 1:1 basis. 2. While the above mentioned principle was working satisfactorily in cases where direct recruitment and promotion kept pace with each other and recruitment could also be made to the full extent of the quotas as prescribed, in cases where there was delay in direct recruitment or promotion, or where enough number of direct recruits or promotees did not become available, there was difficulty in determining seniority. In such cases, the practice followed at present is that the slots meant for direct recruits or promotees, which could not be filled up, were left vacant, and when direct recruits or promotees became available through later examinations or selections, such persons occupied the vacant slots, thereby became senior to persons who were already working in the grade on regular basis. In some ll in direct recruitment in two or more consecutive years, this resulted in direct recruits of later years taking seniority over some of the promotees with fairly long years of regular service already to their credit. This matter had also come up for consideration in various Court Cases both before the High Courts and the Supreme Court and in several cases the relevant judgement had brought out the inappropriateness of direct recruits of later years becoming senior to promotees with long years of service. DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 4. In order to help the appointing authorities in determining the number of vacancies to be filled during a year under each of the methods of recruitment prescribed, a Vacancy Register giving a running account of the vacancies arising and being filled from year to year may be maintained in the proforma enclosed. 5. With a view to curbing any tendency of under-reporting/suppressing the vacancies to be notified to the concerned authorities for direct recruitment, it is clarified that promotees will be treated as regular only to the extent to which direct recruitment vacancies are reported to the recruiting authorities on the basis of the quotas prescribed in the relevant recruitment rules. Excess promotees, if any, exceeding the share falling to the promotion quota based on the corresponding promotees. 6. The General Principles of seniority issued on 22 December, 1959 referred to above, may be deemed to have been modified to that extent. 7. These orders shall take effect from 1 March 1986 . Seniority already determined in accordance with the existing principles on the date of issue of these orders will not be reopened. In respect of vacancies for which recruitment action has already been taken, on the date of issue of these orders either by way of direct recruitment or promotion, seniority will continue to be determined in accordance with the principle in force prior to the issue of this O.M. 8. Ministry of Finance etc. are requested to bring these instructions to the notice of all the Attached/Subordinate Offices under them to whom the General Principles of Seniority contained in O.M. dated 22.12.1959 within 2 week as these orders will be effective from the next month. (Aarti Khosla) All Ministries/Departments of DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 whichever is later. The fixation of seniority of a transferee in accordance with the above principle will not, however, affect any regular promotions to the next higher grade made prior to the date of such absorption. In other words, it will be operative only in filling up of vacancies in higher grade taking place after In cases in which transfers are not strictly in public interest, the transferred officers will be placed below all officers appointed regularly to 3. All the Ministries/Departments are requested kindly to bring these instructions to the notice of all concerned in the Ministries/Departments and Attached and Subordinate Offices under them for their guidance and to ensure their compliance. 4. These orders will not be applicable to transfers within the Indian Audit and Accounts Department which are governed by orders issued by the C&A.G from time to time. 5. Hindi version is attached. All Ministries/Departments President’s/Vice President’s Secretariat. Prime Minister’s Office. DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 shall be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules. If adequate number of direct recruits do not become available in any particular year, rotation of quotas for the purpose of determining seniority would take place only to the extent of the available direct recruits and the promotees. [DPT OM NIn other words, to the extent direct recruits are not available the promotees will be bunched together at the bottom of the seniority list below the last position upto which it is possible to determine seniority, on the basis of rotation of quotas with reference to the actual number of direct recruits who become available. The unfilled direct recruitment quota vacancies would, however, be carried forward and added to the corresponding direct recruitment vacancies of the next year (and to subsequent years where necessary) for taking action for direct recruitment for the total number according to the usual practice. Thereafter in that year while seniority will be determined between direct recruits and promotees, to the extent of the number of vacancies for direct recruits and promotees as determined according to the quota for that year , the additional, direct recruits selected against the carried forward vacancies of the previous year would be placed en-bloc below the last promotee (or direct recruit as the case may be), in the seniority list based on the rotation of vacancies for that year. The same principle holds good for determining seniority in the event of carry forward, if any, of direct recruitment or promotion quota vacancies (as the case may be) in the subsequent year. : Where the Recruitment Rules provide 50% of the vacancies of a grade to be filled by promotion and the remaining 50% by direct recruitment, and a assuming there are ten vacancies in the grade arising in each of the year 1986 and 1987 and that two vacancies intended for direct recruitment remain unfilled during 1986 and they could be filled during 1987, the seniority position of the promotees and direct recruits of these two years will be as under: 1986 1987 1. P1 9. P1 2. D1 10. D1 3. P2 11. P2 4. D2 12. D2 5. P3 13. P3 6. D3 14. D3 7. P4 15. P4 8. P5 16. D4 17. P5 18. D5 19. D6 20. D7 DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 - the date from which he has been appointed on a regular basis to the same or equivalent grade in his parent department; whichever is later. 3.4.2 The fixation of seniority of a transferee in accordance with the above principle will not, however, affect any regular promotions to the next higher grade made prior to the date of such absorption. In other words, it will be operative only in filling up of vacancies in higher grade taking place after such absorption. 3.5 In cases in which transfers are not strictly in public interest, the transferred nted regularly to the grade on the date ed regularly to the grade on the date () SENIORITY IN SPECIAL TYPE OF CASES [MHA O.M.No.37/1/52-DGS date//30/63-Estt.(D) dt.7.2.64]. 4.1 In the case of such ex-T.B. or ex-Pleurisy ex-Leprosy patients, as have been declared non-infective and medically fit for Government service, on re-employment in the same posts from which they were discharged the actual previous service rendered by them should be counted for seniority. The seniority of such persons re-employed in other posts will be fixed in consultation with the Department of or to a lower time-scale reduction should be permanent orWhether on such re-promotion, the Govt. servant will regain his original seniority in the higher service, grade or post or higher time-scale which had been assigned to him prior to the imposition of the In cases where the reduction is for a specified period and is not to operate to postpone future increments, the seniority of the Govt. servant may, unless the terms of the order of punishment provide otherwise, be fixed in the higher service, grade or post or the higher time scale at what it would have DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training Sub: General Principles of Seniority-Preparation of a Combined Select List of promotees where quotas have been laid down for the various posts in the The undersigned is directed to refer to this Department’s O.M. No. September, 1985 which lays down the procedure for preparation of a consolidated order of merit where quotas for the feeder grades have been laid down in the Recruitment Rules. According to the instructions referred to above, where the posts in the feeder grade are in different scales of pay or even in identical or equivalent scales of pay, officers up to the number of a vacancies for each feeder grade as per the quota have to be selected and interpolated in a combined Select List according to the grading and persons who are assigned the same grading by the DPC have to be arranged in the consolidated order of merit with reference to the date arrived at after adding the requisite number of years of qualifying service in the feeder grade to their date of appointment in that grade i.e. with reference to the date from which they became eligible for promotion after rendering the prescribed qualifying service in the feeder grade, maintaining their inter se seniority in the present service/grade. 2. The matter has been re-examined in the light of a re cent judicial pronouncement and it has been decided that the instructions quoted above may continue to be followed subject to the modification that among the persons in the feeder grades given the same grading, those in the higher scales of pay will rank senior to those in the lower scale of pay. 3. It is requested that this decision may be brought to the notice of all concerned for guidance/compliance. (M.V. KESAVAN) Director 1. All Ministries/Departments of the Government of India 2. All attached/subordinate offices under 3. The Secretary, Union Public Service Commission, New Delhi. 4. The Secretary, The Staff Selection Commission, New Delhi. 5. The Rajya Sabha Secretariat(Admn. Branch), New Delhi. DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel and Training New Delhi, the 7 Subject: Inter-se seniority of promotees from more than one feeder grades- Clarification regarding. The undersigned is directed to refer to MHA O.M.No.9/11/55-RPS dated to say that the followi “General Principle 5(ii) : Illustration; Where 75% of the vacancies in the grade of Head Clerk are reserved for promotion from the grade of Upper Division Clerk and 25% from the grade of Storekeeper shall be arranged in separate lists with reference to their relative seniority in those grades. The DPC will make selection of three candidates from the list of UDC and 1from the list of Store Keeper. Thereafter, the selected persons from each list shall be arranged in a single list in a consolidated order of merit assessed by the DPC which will determine the seniority of the persons on promotion to the higher grade.” 2. The illustration referred to above relates to a situation where promotion is made by a single DPC from more than one stream and by selection. This principle cannot be applied to cases where there is a separate DPC for promotion from either stream and the method of selection from either stream may also vary. It is clarified that in such cases the principle of rotation of vacancies between different streams will have to be followed and not general principle 5(ii) referred to above. For instance, if promotion to a grade is made 50% from grade `A’ and 50% from grade `B’ through separate DPCs, vacancies in the promotion quota may be filled in the order A1, B1, A2, B2, A3 etc. etc. assuming that A1, A2, A3 are the candidates included in the select list of Grade `A’ and `B’1 & B2 are those included in the 3. It is requested that this clarification may be brought to the notice of all concerned for guidance/compliance. ( M.V. KESAVAN ) Director DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training Dated, the 14OFFICE MEMORANDUM Subject: Promotion of Government servants against whom disciplinary/court proceedings are pending or whose conduct is under investigation – The undersigned is directed to refer to Department of Personnel & Training O.M.No.22011/2/86-Estt.(A) dated 12 January, 1988 and subsequent instructions issued from time to time on the above subject and to say that the procedure and guidelines to be followed in the matter of promotion of Government servants against whom disciplinary/Court proceedings are pending or whose conduct is under investigation have been reviewed carefully. Government have also noticed the judgment dated 27.8.1991 of the Supreme Court in Union of India etc. Vs. K.V. Jankiraman etc. (AIR 1991 SC 2010). As a result of the review and in supersession of all the earlier instructions on the subject (referred to in the margin). The procedure to be followed in this regard by the authorities concerned is laid down in 2. At the time of consideration of the cases of Government servant for promotion details of Government servant in the consideration zone for promotion specifically brought to the notice of the Departmental Promotion Committee. Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and Government servants in respect of whom prosecution for criminal charge is pending. 2.1 The Departmental Promotion Committee shall assess the suitability of Government servants coming within the purview of the circumstances mentioned above along with other eligible candidates without taking into consideration the disciplinary case/criminal prosecution pending. The assessment of the DPC including ‘unfit for promotion’ and the grll be kept in a sealed cover. The cover will be superscribed ‘Findings regarding suitability for promotion to the grade/post of ……….in respect of Shri………..(name of the Government servant). Not to be opened till the terminator of the disciplinary case/criminal prosecution against Shri…….’. The proceeding of the DPC need only contain the note ‘The findings are contained in the attached sealed cover’. The authority competent to fill the vacancy should be separately advised to fill the DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 review comprehensively the cases of Government servants, whose suitability for promotion to a higher grade has been kept in a sealed cover on the expiry of 6 months from the date of convening the first Departmental Promotion Committee ity and kept its findings in the sealed cover. Such a review should be done subsequently also every six months. The review should, inter alia, cover the progress made in the disciplinary proceedings/criminal prosecution and the further measures to be taken to expedite the completion. 5. In spite of the six monthly review referred to in para 4 above, there may be some cases, where the disciplinary case/criminal prosecution against the Government servant is not concluded even after the expiry of two years from the date of the meeting of the first DPC, which kepts its findings in respect of the Government servant in a sealed cover. In such a situation the appointing authority may review the case of the Government servant, provided he is not under suspension, to consider the desirability of given him ad-hoc promotion keeping in Whether the promotion of the officer will be against the public interest; Whether the charge are grave enough to warrant continued denial of promotion; Whether there is any likelihood of the case coming to a conclusion in the Whether the delay in the finalization of proceedings, departmental or in a court of law, is not directly or indirectly attributable to the Government Whether there is any likelihood of misuse of official position which the Government servant may occupy after adhoc promotion, which may adversely affect the conduct of the departmental case/criminal prosecution. The appointing authority should also consult the Central Bureau of Investigation and take their views into account where the departmental proceedings or criminal ations conducted by the Bureau. 5.1 In case the appointing authority comes to a conclusion that it would not be against the public interest to allow ad-hoc promotion to the Government servant, his case should be placed before the next DPC hold in the normal course after the expiry of the two year period to decide whether the officer is suitable for promotion on ad-hoc basis. Where the Government servant is considered for ad-hoc promotion, the Departmental Promotion Committee should make its assessment on the basis of the totality of the individual’s record of serviary case/criminal prosecutions against him. 5.2 After a decision is taken to promote a Government servant on an ad-hoc basis, an order of promotion may be issued making it clear in the order itself that:- the promotion is being made on purely ad-hoc basis and the ad-hoc promotion will not confer any right for regular promotion; and DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 All Ministries and Departments of the Government of India with usual number of spare copies. Copy forwarded for information to:- 1. Central Vigilance Commission, New Delhi. 2. Central Bureau of Investigation, New Delhi. 3. Union Public Service Commission, New Delhi. 4. Comptroller and Auditor General, New Delhi. 5. President’s Secretariat/Vice-President’s Secretariat/Lok Sabha Secretariat/Rajya Sabha Secretariat and Prime Minister’s Office. 6. Chief Secretaries of All States and Union Territories. 7. All Officers and Administrative Sections in the Ministry of Personnel, Public Grievances and Pensions Home Affairs. ( M.S Bali ) Director DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 5. All the Ministries/Departments are requested kindly to bring these instructions to the notice of all concerned for guidance and compliance. Director All Ministries/Departments etc. Copy to:- The Comptroller and AudRajya Sabha Secretariat/Lok Sabha Secretariat. UPSC, New Delhi(with 10 spare copies). All Union Territory Administrations. Commissioner for SCs/STs, New Delhi. 200 spare copies for Establishment (D) Section. DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 4. These instructions are not applicable to cases of persons who have been vil Services Examination Rules. 5. The Ministry of Finance etc. are requested to bring the above instructions to the notice of all concerned. ( B. THYAGARAJAN ) Director All Ministries/DepartmentsSecretary, Staff Side, Departmental Council, DOP&T. Secretary, National Council, JCM. CS-IV with reference to AIS-I Section All Sections in DOP&T DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training New Delhi, dated the 30 Subject:- Seniority of SC/ST officers promoted earlier candidate promoted later. According to the general principle 5(i) contained in MHA OM No. 9/11/55-RPS dated 22.12.1959 and para 2.2 in DOPT OM No. 22011/7/86-Estt. (D) dated 3.7.1986 read with DOPT OM No. 20011/5/90-Estt. (D) dated 4.11.1992, (copy enclosed) seniority of a person regularly appointed to a post according to rule would be determined by the order of merit indicated at the time of initial appointment and seniority of persons promoted to various grades shall be determined in the order of selection for such promotion. Thus, persons appointed through an earlier selection will enbloc be senior to those promoted through subsequent selection. 2. The Supreme Court has in its judgment India Vs. Virpal Singh Chauhan etc. “Even if a Scheduled Caste/Scheduled Tribe candidate is promoted earlier by virtue of rule of reservation/roster than his senior general candidte and the senior general candidate is promoted later to the said higher grade, the general candidate regains his seniority over such earlier promoted Scheduled Caste/Scheduled Tribe candidate. The earlier promotion of the Scheduled Caste/Scheduled Tribe candidate in such a situation does not confer upon him seniority over the general candidate even though the general candidate is promoted later to that category.” 3. Having regard to the above judgment of the Supreme Court, it has been decided to modify the existing policy of fixing seniority on promotion on the lines mentioned in para 2 above. Accordingly, it has been decided to proviso to general principle 5(i) contained in MHA (now DOPT) OM No. 9/11/55-RPS dated 22.12.59 and para 2.2 of this Department OM No. 22011/7/86-Estt. (D) “Provided that if a candidate belonging to the Scheduled Caste or the Scheduled Tribe is promoted to an immediate higher post/grade against a reserved vacancy earlier than his senior general/OBC candidate who is promoted later to the said immediate higher post/grade, the general/OBC candidate will regain his seniority over DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Government of India Ministry of Personnel, Public Grievances and Pension (Department of Personnel & Training New Delhi, dated the 27 Sub: Procedure to be observed by Departmental Promotion Committee. The undersigned is directed to refer to the instructions contained in paras 2.1.1, 2.2.2, 2.3.1(i), 2.3.2(i), (ii) & (iii) of this Department’s O.M. No. 22011/5/86-Estt.(D) dated 10.3.89 and to make the changes in the aforementiI. Para 2.1.1: SELECTION METHOD The word ‘selection’ appearing in the first line of the above paragraph may n-cum-Seniority’ & Selection by Merit’. II. Para 2.2.2 of O.M. dated 10.3.89 may be substituted as under:- “In case of each officer, an overall grading should be given. The grading shall be one among (i) Outstanding (ii) Very Good (iii) Good (iv) Average (III) (i), (ii) , (iii) & (iv) of para 2.3.1 of O.M. 10.3.89 may be substituted as SELECTION-CUM-SENIORITY AND SELECTION BY MERIT (i) Having regard to the levels of the posts to which promotions are to be made, the nature and importance of duties attached to the posts a bench mark grade would be determined for each category of posts. For all Group-C, Group-B and Group-A posts (upto and excluding the level of Rs. 3700-5000) the bench mark would be ‘Good’ and will be filled by the method of Selection-cum-Seniority (ii) In respect of posts which are in the level of Rs.3700-5000 and above, the bench mark grade should be ‘Very Good’ and will be filled by the method of Selection by Merit as (iii) Each Departmental Promotion Committee considering the suitability of officers for promotion to posts for which the bench mark has been DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 consolidated guidelines on DPC procedure would require a number of changes and these are indicated in the Annexure. 3. Ministry of Finance, etc are requested to take note of the above decision and take immediate steps to amend the recruitment rules for the various posts which were hithertofore filled by the method of ‘Selection’ and substitute the word ‘Selection’ in the column pertaining to method of promotion to either ‘Selection-cum-Seniority’ or ‘Selection by Merit’ as4. These orders shall be effective from 15Director (Estt) All Ministries/Departments of the Government of India (Secretary by Name) Department of Atomic Energy, New Delhi. Department of Electronics, New Delhi. Department of Space, New Delhi. With reference to their letter No. 6. Staff Selection Commission, New Delhi. 7. Lok Sabha Secretariat, New Delhi. 8. Rajya Sabha Secretariat, New Delhi. 9. President’s Secretariat, New Delhi. 10. Comptroller & Auditor Gene11. All attached offices under the Ministry of Personnel, Public Grievances & 12. All Officers and Sections in the Department of Personnel and Training. 13. 100 spare copies for Estt.(D). DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 his joining, if a fresh panel is not available by then. Such a vacancy should not be treated as fresh vacancy. 3. It has also been decided that where selections for posts under the Central Government are made through other recruiting agencies such as Staff Selection Commission or by the Ministries/Departments directly and the reserve panels are similarly prepared, the procedure for operation of reserve panels maintained by UPSC as described in para 2 above will also be applicable for the reserve panels maintained by the other recruiting agencies/authorities. Joint Secretary to the Government of India All Ministries/Departments of the Government of India No.41019/18/97-Estt.(B) New Delhi, dated the 13Comptroller and Auditor General of India All Union Territory Administrations under the Department of Personnel Commissioner for SC/ST DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 In so far as personnel serving in Indian Audit and Accounts Departments are concerned, these instructions are issued in consultation with the Comptroller and Auditor General of India. However, these orders (in keeping with paragraph 4 of the Office Memorandum dated May 29, 1986 as referred to above) will not be applicable to transfers within the Indian Audit and Accounts Department which are governed by orders issued by the C&AG from time to time. The above instructions may be brought to the notice of all concerned for information, guidance and necessary action. Director (Establishment) All Ministries/Departments of the Government of IndiaThe President’s Secretariat, New Delhi. The Prime Minister’s Office, New Delhi. The Rajya Sabha Secretariat, New Delhi. The Registrar,Central Administrative TrThe Comptroller and Auditor General of India, New Delhi with reference to Commission, New Delhi with reference Ministry of Home Affairs (UTP), New Delhi with reference to their D.O. letter No. 14040/32/99-UTP dated 7.1.2000. The Staff Selection Commission, New Delhi. National Commission for OBCs, New Delhi. All State Governments/Union Territory Administrations. istry of Home Affairs. Council(JCM), 9 Ashoka Road, New Delhi. NIC (DoP&T) for placing this Office Memorandum on the website of Establishment(D) Section, DoP&T DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Therefore, in pursuance of the aforementioned Constitution (Eighty-fifth) Amendment Act, 2001, it has been decided as follows: (i) (a) SC/ST Government servants shall, (b) the above decision shall be effective from 17(ii) The instructions contained in (iii) Seniority of Government servants determined in the light of O.M. dated (iv) (a) On the basis of the revised seniority, consequential benefits like promotion, pay pension, etc. should be allowed to the concerned SC/ST Government servants (but without arrears by applying principle of no work (b) For this purpose, senior SC/ST Government servants may be granted promotion with effect from the date of promotion of their immediate junior (c) Such promotion of SC/ST Government servant may be ordered with the approval of Appointing Authority of the post to which the Government servant is to be promoted at each level after following normal (v) Except seniority other consequential benefits like promotion, pay etc, (including retrial benefits in respect of those who have already retired) allowed to general/OBC Government servant by virtue of implementation of O.M. No. dated 30.1.1997 and/or in pursuance of the directions of CAT/Court should be protected as personal to them. All Ministries/Departments are requested to bring the above decisions to the notice of all concerned for guidance and compliance. Necessary action to implement the decisions contained in para 4 (iii) above may be completed within three months from the date of issue of these instructions and necessary action to implement the decision at para (iv) above may be completed within 6 months from Hindi version will follow. Deputy Secretary to the Government of India DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training Subject:-Procedure to be observed by Departmental Promotion Committees (DPCs) - No supersession in 'selection' promoThe undersigned is directed to invite reference to the Department of Personnel and Training (DoP&T) Office Memorandum (O.M.) No.22011/5/86-Estt(D) dated March 10,1989 and O.M. of even number dated April 10, 1989[as amended by O.M.No.22011/5/91-Estt(D) dated March 27, 1997] which contain the instructions on the Departmental Promotion Committees (DPCs)and related matters. In regard to the 'selection' mode of promotion('selection-cum-seniority' and 'selection by merit'), the aforesaid instructions prescribe the guidelines (as briefly discussed in paragraph 2 below) for overall 'grading' to be given by the DPC, 'bench-mark' for assessment of performance and the manner in which the 'select panel' has to be arranged for promotiExisting Guidelines 2.1 As per the existing (aforementioned) instructions, in promotions up to and excluding the level in the pay-scale of Rs.12,000-16,500 (excepting promotions to Group 'A' posts/services from the lower group), if the mode happens to be 'selection-cum-seniority', then the bench-mark prescribed is 'good' and officers obtaining the said bench-mark are arranged in the select panel in the order of their seniority in the lower (feeder) grade. Thus, there is no supersession among those who meet the said bench-mark. Officers getting a grading lower than the prescribed bench-mark ('good') are not empanelled for promotion. 2.2 In the case of promotions from lower Groups to Group 'A', while the mode of promotion happens to be 'selection by merit' , the bench-mark prescribed is 'good' and only those officers who obtain the said bench-mark are promoted in the order of merit as per grading obtained. Thus, officers getting a superior grading supersede those getting lower grading. In other words, an officer graded as 'outstanding' supersedes those graded as 'very good' and an officer graded as 'very good' supersedes officers graded as 'good'. same grading are arranged in the select panel in the order of their seniority in the lower grade. Those who get a grading lower than the prescribed bench-mark ('good') are not empanelled for promotion. DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 Promotion the revised pay-scale (grade) of Rs.12,OOO-16,500 and above (i) The mode of promotion, as indicated in paragraph 3.1 above, shall be 'selection'. (ii) The bench-mark for promotion, as it is now, shall continue to be 'very good'. This will ensure element of higher selectivity in comparison to selection promotions to the grades lower than the aforesaid level were the bench- mark, as indicated in the following paragraphs, shall be 'good' only. (iii) The DPC shall for promotions to said pay-scale (grade) and above, grade officers as 'fit' or 'unfit' only with reference to the bench-mark of 'very good'. Only those who are graded as 'fit' shall be included in the select panel prepared by the DPC in order of their inter-se seniority in the feeder grade. Thus, as already explained in paragraph 3.2 above, there shall be no supersession in promotion among t terms of the aforesaid prescribed bench-mark of 'very good'. Promotion to grades below the revised pay-scale (grade) of Rs.12,OOO- 16,500 (including promotions from lower Groups to Group 'A' posts/grades/services) (i) The mode of promotion, as shall be 'selection'. (ii) The bench-mark for promotion, as it is now, shall continue to be 'good'. (ii) The DPC shall for promotion to posts/grades/services in the aforesaid categories, grade officers as 'fit' or 'unfit' only with reference to the bench-mark of 'good'. Only those who are graded as 'fit' shall be included in the select panel the feeder grade. Thus, as already explained in paragraph 3.2 above, there shall be no supersession in promotion among those who are found 'fit' by the DPC in terms of the aforesaid prescribed benchmark of 'good'. Zone of consideration The guidelines relating to the 'zone of consideration' in its existing form (twice the number of vacancies plus four) shall continue to have general application. However, in view of the modifications in promotion norms indicated in paragraph ndicated in paragraph already applicable in the case of promotions below the revised paof Rs.12,000-16,500/- O.M.No.22011/8/ 98-Estt(D) dated November 6, 1998] is also made in the regard to the zone of consideration for promotion to the revised pay-scale (grade) of DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 3. The Cabinet Secretariat, New Delhi. 4. The Rajya Sabha Secretariat, NewDelhi. 5. The Lok Sabha Secretariat, NewDelhi. 6. The Comptroller and Audit General of India, NewDelhi. 7. The Union Public Service Commission, New Delhi with reference to their letter No.1017/2001-AU(C)da8. The Staff Selection Commission, New Delhi. 9. All attached offices under the Ministry of Personnel, Public Grievances and Pensions 10. Establishment Officer & Secretary, ACe (10 copies) (Smt Chitra Chopra) 11. All Officers and Sections in the Department of Personnel and Training. 12. Establishment (RR) Section, DoP&T (10 copies). They may also issue separate instructions in terms of the position indicated in paragraph 4 above. 13. Facilitation Centre, 14. NIC (DOP&T Branch) for placing this Office Memorandum on the website of DoP&T. 15. Establishment (D) Section, DoP&T (500 copies) DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11 November 2010 The year of availability will be the vacancy year in which a candidate of the of promotees joins the post/service. 4. Cases of seniority already decided with reference to any other interpretation of the term ‘available’ as contained 5. Hindi version will follow. (Smita Kumar) Director (Estt.I) All Ministries of the Government of India etc. President's Secretariat Vice President's Secretariat/ Prime Minister's Office/ Supreme Court/ Rajya Sabha Secretariat/ Lok Sabha Secretariat/ Cabinet Secretariat/ UPSC/ CYC/ C&AG/ Central Administrative Tribunal (Principal Bench), New Delhi. All attached/subordinate offices of the Ministry of Personnel, Public Secretary, National Commission for Minorities. Secretary, National Commission for Scheduled Castes/ Scheduled Tribes. Secretary, Staff Side, National Council OCM), 13-C, Ferozeshah Road, All Staff Side Members ofEstablishment (D) Section - 1000 copies.